1 Berniece Alizaye Torres (GUARD/P) · 1 Berniece Alizaye Torres (GUARD/P) Case No. 14CEPR00587...

Dept. 303, 9:00 a.m. Monday, July 21, 2014

1 Berniece Alizaye Torres (GUARD/P) Case No. 14CEPR00587

Atty Agabo, Rosa Maria Martinez (Pro Per Petitioner, maternal grandmother)

Atty Rodriguez, Ramon Agabo (Pro Per Petitioner, maternal grandfather)

Petition for Appointment of Temporary Guardianship of the Person (Prob. C. 2250)

Age: 9 years TEMPORARY GRANTED EX PARTE EXPIRES 7/21/2014

General Hearing set for 9/8/2014

RAMON AGABO RODRIGUEZ and ROSA MARIA MARTINEZ

AGABO, maternal grandparents, are Petitioners.

Father: SALOMON TORRES; consents and waives notice.

Mother: MARIA AGABO; consents and waives notice.

Paternal grandfather: Salomon Torres

Paternal grandmother: Patricia Torres

Petitioners state the child has been residing with them off

and on since the child was 6 months old, and the child’s

parents are not capable of properly caring for her due

to a long history of substance abuse. Petitioners state

the child was dropped off to Petitioners for the first time

when the child was ~6 months old, and the mother has

used the child to get money, food and anything she

could from Petitioners, and to get her way. Petitioners

state the mother has been living with her boyfriend in his

mother’s home, and the mother has made many threats

to Petitioners that she is going to take the minor child.

Petitioners state the home the mother lives in is not a

safe environment for the child as there is a lot going on

and there is no food, causing the boyfriend’s mother to

call Petitioner with concern. Petitioners state the child is

extremely affected every time the mother threatens to

take her and Petitioners fear the mother may attempt to

take her to the boyfriend’s home where there is no

running water or electricity or food, and is unsanitary.

Petitioners state the parents are under some sort of

investigation and may be in trouble with the law.

NEEDS/PROBLEMS/

COMMENTS:

Note: Consent and

Waiver of Notice

filed 7/7/2014 bears

the name and

signature of

Salomon Torres,

signed on 6/2/2014.

Petition states the

child’s father

signed the consent

“through a family

member” as he

hasn’t seen the

child in 8 years and

doesn’t want to be

a part of her life.

Cont. from

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

✓ Conf.

Screen

Letters

✓ Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order

Aff. Posting Reviewed by: LEG

Status Rpt Reviewed on:

7/16/14

✓ UCCJEA Updates:

Citation Recommendation:

FTB Notice File 1 – Torres

1


2 Gregory Lynne Edde (CONS/PE) Case No. 0311998 Atty Jaech, Jeffrey A. (for Larry D. Edde – Brother – Conservator – Petitioner) (1) Eighth Account and Report of Conservator and Petition for Settlement thereof

and for (2)Allowance of Attorneys Fees

LARRY D. EDDE, Conservator, is Petitioner.

Account period: 1-1-11 through 12-31-12

Accounting: $ 1,414,936.47

Beginning POH: $ 1,022.795.11

Ending POH: $ 1,089,315.85

($1,044,586.17 cash plus various personal

property items)

Conservator: Waives

Attorney: $4,484.50 (for services from 4-12-12

through 5-16-14, as itemized)

Costs: $435.00 (filing fees, certified copies)

Bond: Petitioner states the current bond

$375,000.00 is insufficient and bond should be

increased to $431,126.81 based on the

Conservatee’s cash in unblocked accounts,

personal property, income, and including an

amount for the cost of recovery. In addition,

the conservatorship estate has eight blocked

accounts.

Alternatively, Petitioner requests to block an

additional account, which would allow the

current bond to remain sufficient. A blocking

order is provided.

Petitioner prays for an Order:

1. Approving, allowing and settling the

seventh account;

2. Confirming and approving all acts of

Conservator;

3. Authorizing attorney fees and costs; and

4. For such other orders as the Court

considers proper.

NEEDS/PROBLEMS/COMMENTS:

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail w

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

2320(c)

Order

Aff. Posting Reviewed by: skc

Status Rpt Reviewed on: 7-16-14

UCCJEA Updates:


FTB Notice File 2 – Edde

2


3 Elizabeth Louise Crutchfield (Estate) Case No. 03CEPR01051 Atty Garland, John F. (for Dale Allen Crutchfield- Executor)

Probate Status Hearing Re: Failure to File a First Account or Petition for Final

Distribution

DOD: 06/03/2003 DALE ALLEN CRUTCHFIELD, son, was appointed

Executor with full IAEA without bond on 08/26/2003.

Letters issued on 08/26/2003.

Inventory and Appraisal was filed on 02/03/2004

shows an estate valued at $309,517.57 consisting of

real property.

Notice of Status Hearing was mailed to John

Garland and Dale Allen Crutchfield on 11/07/2013.


OFF CALENDAR. Petition

for Final Distribution and

Waiver of Accounting filed

07/16/2014. Hearing set

for 08/20/2014.

Cont. from 011014,

031014, 042114

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order

Aff. Posting Reviewed by: LV

Status Rpt Reviewed on: 07/16/2014

UCCJEA Updates:


FTB Notice File 3 – Crutchfield

3


4A Leona Geise (Estate) Case No. 05CEPR01277 Atty Flanigan, Philip M. (for Carolyn Lewis – Executor)

Notice of Motion and Motion to be Relieved as Counsel - Civil

DOD: 08/15/04 PHILIP M. FLANIGAN, attorney for

Executor CAROLYN LEWIS, is Petitioner.

CAROLYN LEWIS, daughter, was

appointed Executor with full IAEA and

without bond on 12/06/05. Letters

Testamentary were issued on 12/08/05.

Petitioner states that he has been unable

to contact his client and has an

outdated address and telephone

number. Ms. Lewis sold the property

where she was previously living and

several attempts to locate her or obtain

a new address and phone number have

been unsuccessful. Petitioner states that

the inability to contact the client renders

it unreasonably difficult to close probate

and carry out the representation

effectively.


CONTINUED FROM 06/23/14

Minute Order from 06/23/14 states:

Counsel reports that they have lost

contact with Carolyn Lewis.

Note: It is unclear whether Mr.

Flanigan wishes to pursue this Motion

based on his filing a First & Final

Account (page 4B).

Cont. from 032414,

050114, 060514,

062314

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail w/o

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order

Aff. Posting Reviewed by: JF


UCCJEA Updates:


FTB Notice File 4A – Geise

4A


4B Leona Geise (Estate) Case No. 05CEPR01277 Atty Flanigan, Philip M. (Petitioner – attorney for Carolyn Lewis/Executor)

Amended First and Final Accounting and Report of Status of Administration;

Petition for Settlement Thereof; for Allowance of Statutory Attorney and

Administrator's Compensation; for Reimbursement of Costs Advanced; and

Petition to Close Estate

DOD: 08/15/04 CAROLYN LEWIS, Executor, is Petitioner.

Account period: 08/15/04 – 06/08/06

Accounting - $200,000.00

Beginning POH- $200,000.00

Ending POH - $44,675.17 (all cash)

Executor - $4,000.00 (statutory)

Attorney - $4,000.00 (statutory)

Costs - $1,213.00 (filing fees,

publication, probate referee)

Distribution, pursuant to decedent’s will,

is to:

Carolyn Lewis- $29,462.17

Status Report filed 07/16/14 states: The

attorney was able to make contact with

Ms. Lewis. Documents have been

mailed to her to sign and will be filed

when they are received back.

NEEDS/PROBLEMS/COMMENTS: CONTINUED FROM 06/23/14

Minute Order from 06/23/14 states:

Counsel reports that they have lost

contact with Carolyn Lewis. 1. The Petition requests that the full

statutory fee be paid to the Executor and the Attorney, however, Probate Code § 12205 states that the Court may reduce compensation to the personal representative and/or attorney when the time taken to close the estate exceeds the time prescribed in the code, etc. The decedent died in 2004 and Letters were issued on 12/08/05. No explanation is provided in the Petition indicating that there was a reason for the delay in closing the estate. The Court may consider reducing the requested compensation.

2. The Petition indicates that after payment of the requested statutory fees and costs that $29,462.17 will be available for distribution to Carolyn Lewis, however, the Examiner calculates there will be $35,402.17 remaining. Need clarification. Note: It is noted that the Order lists the statutory fees as $7,000.00 which would result in cash remaining for disbursement of $29,462.17, however this is the incorrect statutory fee.

Cont. from 062314

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail w/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters 12/06/05

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 4B - Geise

4B


5 Vera Silberstein Primary Trust for Personal Care Case No. 11CEPR00298 Atty Jaech, Jeffrey A. (For Petitioner/Co-Trustees Betty Ann Bianchi and Robert W. Bianchi)

Fourth Account and Report of Co-Trustees and Petition for Its Settlement; Petition

for Allowance of Attorneys' Fees PC 17200

BETTY ANN BIANCHI and ROBERT W.

BIANCHI Trustees, are Petitioners.

Account period: 1/1/13 – 12/31/13


Beginning POH - $188,170.17

Ending POH - $143,178.67

Trustees - waive

Attorney - $1,160.00(per

itemization and declaration. .70 attorney

hours @ $390/hr. and 5.90 paralegal hours

@145/hr.)

Costs - $435.00 (filing

fees)

Current bond: $235,000.00

Petitioner states the bond can now be

reduced to $190,000.00.

Petitioners pray for an Order that:

1. The fourth account of the co-trustee’s

be approved, allowed and settled as

filed;

2. Petitioners be authorized and directed

to pay the attorney $1,160.00 and

costs of $435.00. To be paid from the

Vera Silberstein Conservators’ Trust.

3. The bond be reduced to $190,000.00


Note: If the petition is granted, a

status hearing will be set as

follows:

Wednesday, February 18,

2015 at 9:00 a.m. in

Department 303, for the filing

of the fourth account.

Pursuant to Local Rule 7.5 if the

required documents are filed 10

days prior the date set the status

hearing will come off calendar

and no appearance will be

required.

Cont. from

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

✓ Order

Aff. Posting Reviewed by: KT


UCCJEA Updates:


FTB Notice File 5 – Silberstein

5


6 Vera Silberstein Conservators' Trust Case No. 11CEPR00299 Atty Jaech, Jeffrey A. (For Petitioner/Co-Trustees Betty Ann Bianchi and Robert W. Bianchi)

Fourth Account and Report of Co-Trustees and Petition for Its Settlement; Petition

for Allowance of Attorneys' Fees PC 17200

BETTY ANN BIANCHI and ROBERT W. BIANCHI

Trustees, are Petitioners.

Account period: 1/1/13 – 12/31/13

Accounting - $2,660,156.14

Beginning POH - $2,617,908.07

Ending POH - $2,617.737.79

Trustees - waive

Attorney - $4,589.00(per

itemization and declaration, 5.5 attorney

hours @ $295.00 - $390/hr. and 17.60

paralegal hours @145/hr.)

Costs - $461.00 (filing

fees, certified copies)

Current bond: $77,000.00 (sufficient)

Petitioners pray for an Order that:

4. The fourth account of the co-trustee’s

be approved, allowed and settled as

filed;

5. Petitioners be authorized and directed

to pay the attorney $5,050.00 for services

and costs, plus $1,595.00 for attorneys’

fees and costs advanced relating to the

Vera Silberstein Primary Trust for Personal

Care


Note: If the petition is granted,

a status hearing will be set as

follows:

Wednesday, February 18,

2015 at 9:00 a.m. in

Department 303, for the

filing of the fourth account.


required documents are filed

10 days prior the date set the

status hearing will come off

calendar and no appearance

will be required.

Cont. from

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

✓ Order



UCCJEA Updates:


FTB Notice File 6 – Silberstein

6


7 Ben H. Smith (CONS/PE) Case No. 11CEPR00782 Atty Kruthers, Heather H. (for Public Guardian) Petition to Terminate Authority of Agent for Health Care

MICHAEL H. SMITH, Son, and FRESNO COUNTY

PUBLIC GUARDIAN, Conservator of the Person

and Estate, are Petitioners.

Petitioners state the Conservatee’s grandson,

Michael H. Smith, Jr. (“Butch”), retains the

authority to make all medical decisions for

the Conservatee pursuant to an advance

health care directive signed by the

Conservatee on 6-17-11 prior to the

conservatorship. This authority was clarified by

the Court via a motion brought by the

Conservatee, through his attorney on 3-11-13.

At that hearing, the Court instructed Butch

that he was henceforward to take sole

responsibility for all aspects of the

Conservatee’s health care, including

scheduling and transportation to all necessary

doctor visits and ensuring that medications

were given as directed by his doctors. He was

instructed to coordinate and cooperate with

staff from Anjaleoni, who provide care from

11am to 7pm several days per week.

Petitioners seek termination of Butch’s

authority as agent for health care on the

ground that he has failed to perform and is

unfit to perform the duties required of him

under the advance health care directive and

is acting in a manner that is clearly contrary

to the conservatee’s best interest.

After numerous hearings and mediation, it

was initially determined that the Conservatee

could be well served by remaining in his own

home with care and supervision provided by

Butch and Butch’s mother Robin Kent and

supplemented by professional services

provided by Anjaleoni. Anjaleoni originally

cared for the conservatee 7 days per week,

which was subsequently reduced per Butch’s

request to reduce expense. Butch and Robin

were to provide more hours of care, including

nights. All parties and Anjaleoni staff were to

keep a journal regarding the Conservatee’s

care including meals and medication.

SEE ADDITIONAL PAGES


Minute Order 5-29-14: Parties reach

an agreement as set forth by Ms.

Kruthers. Parties agree that the

authority of the agent for health

care will be suspended until further

order of the Court. Ben Smith is to

be provided with 24 hour care and

be tested for TB. In addition, Ben

Smith is to be placed in one of

Susan Kendakur’s facilities for 30

days. Ms. Kruthers is directed to

prepare the order.

Update: On 6-2-14, the

Conservatee was moved to Golden

Care Home in Clovis.

Note: Notice of Hearing was served

on the Conservatee by email to his

attorney, Jeffrey Jaech, and on

Michael Smith, Jr. (Butch), by email

to his attorney, Randolph Krbechek,

with both attorneys’ consent, on 5-

23-14.

Note: On 5-28-14, Randolf

Krbechek, attorney for Michael

Smith, Jr. (Butch) filed

“Memorandum of Points and

Authorities in Opposition to

Petition.” Because this was titled as

P&A, it was not charged a filing fee

at the counter. However, it appears

to be an Objection to the petition;

therefore a $435 filing fee is due.

As of 7-16-14, this fee has not been

paid and remains due.

Note: On 7-9-14, Attorney

Krbechek filed Notice of Death of

Conservatee indicating that

Benjamin H. Smith passed away on

June 28, 2014.

Cont from 052914,

062314

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 7 – Smith

7


7 Ben H. Smith (CONS/PE) Case No. 11CEPR00782 Petitioner states that while the Probate Code gives an agent selected by advance health care directive priority over others, including a conservator, to make health care decisions, it is also possible to terminate such authority when necessary. Probate Code §4766(d). Over the last four months, the Conservatee’s care has deteriorated seriously. The Public Guardian has determined that his home is no longer the least restrictive setting where he can receive the care he needs. Moreover, the Public Guardian has determined that Butch is likely not ensuring that the Conservatee is receiving all prescribed medications, that he is not receiving adequate nutrition, and that his personal hygiene needs are not being met. He has bed sores that are being left untreated. Anjaleoni staff has reported to the Public Guardian that the Conservatee is receiving substandard care from Butch and Robin. For example, he remains unbathed and unshaven unless Anjaleoni is on duty. They fail to get him out of bed until after 11am, leaving him in a soiled diaper and without breakfast. Once up, he spends most of his time sitting alone watching television. He frequently skips meals and is not encouraged to eat. He receives almost no socialization except when Mike and his wife Lisa visit. Petitioners state Butch continuously interferes with Anjaleoni staff’s efforts to provide care when they are on duty, such as telling them to leave him alone, he doesn’t need to eat. This encourages the Conservatee to refuse to eat. Mike and Lisa have observed similar problems to what is described above. Anjaleoni staff has requested Mike’s assistance several times due to Butch’s interference with their efforts to provide necessary care such as bathing or meals. Butch’s interference has become so troubling that Anjaleoni started taking more aggressive action to serve the Conservatee’s needs. With this care, he is more alert, whereas he rarely interacts much under Butch’s and Robin’s care. He also eats willingly, which he will not do otherwise. The Public Guardian has therefore determined that it is necessary to change the conservatee’s residence to the Autumn Ridge residential care facility where he will receive the care and assistance he needs daily and will benefit from socialization with other residents. When advised of the Public Guardian’s intention to move the Conservatee and the need to obtain a TB test, Butch inquired as to the cost and was informed that it would actually be less than the cost to maintain him in his home with part time care. Counsel for Mike has repeatedly asked counsel for Butch for permission for the TB test; however, Butch has failed and refused to obtain the test or permit the Public Guardian to do so. This Court has previously determined that the Conservatee has dementia and lacks capacity to give informed consent for medical treatment or health care issue. Therefore, Petitioners submit that he lacks capacity to execute or revoke an advance health care directive or disqualify a surrogate. See Declarations in support filed by Catherine Amador (attorney for Michael H. Smith); Stacy Mauro, Deputy Public Guardian; Sundari Susan Kendakur, Administrator of Anjaleoni; and Lisa Smith, wife of Michael H. Smith. Petitioners request an order:

1. Terminating Butch’s authority to make medical decisions for Ben pursuant to the advance health care directive signed by the Conservatee on 6-17-11;

2. Confirming its earlier finding that the Conservatee lacks capacity to give informed medical consent for any purpose;

3. Appointing the Public Guardian, the Conservator of the Person and Estate, as the party with authority to make all medical decisions for the Conservatee, including but not limited to scheduling and attending all medical appointments, reporting symptoms to Conservatee’s physicians, and directing the administration of medications per the Conservatee’s physician’s orders, and obtaining all tests necessary to effectuate a change of Conservatee’s residence; and

4. Such other and further relief as the Court deems necessary and proper.


8 Dorothy Jean Smith (CONS/PE) Case No. 12CEPR00452

Atty Kruthers, Heather H. (for Public Guardian – Conservator of the Estate/Petitioner) (1) First and Final Account and Report of Conservator; (2) Petition for Allowance of

Compensation to Conservator and his Attorney; and (3) Distribution

DOD: 10/18/12 PUBLIC ADMINISTRATOR, Conservator of the Estate, is Petitioner. Account period: 06/26/12 – 10/18/12 Accounting - $733,869.23 Beginning POH - $655,215.93 Ending POH - $578,727.55 Subsequent account period: 10/19/12 – 02/20/14 Accounting - $728,711.54 Beginning POH - $578,727.55 Ending POH - $605,382.95 ($62,645.20 is cash) Conservator - $7,482.62 (26.09 staff hours @ $76/hr. and 57.29 deputy hours @ $96/hr.) Attorney - $2,500.00 (ok per Local Rule) Bond fee - $769.44 (ok) Costs - $539.00 (filing fees and certified copies) Petitioner states that the conservatee has a trust and her assets will pass to that trust. Michael Smith, conservatee’s son, is the trustee of her trust. Petitioner requests distribution of the remaining cash of $51,354.17 and personal and real property be made to her son, in his capacity as trustee of her trust. Petitioner prays for an Order: 1. Finding that the conservatorship of the

person and estate terminated on 10/18/12, the conservatee’s date of death;

2. Approving, allowing and settling the first and final account;

3. Authorizing the conservator and attorney fees and commissions;

4. Authorizing payment of the bond fee and costs; and

5. Authorizing distribution of the balance of property as stated in the Petition (and above).

Continued on Page 2


CONTINUED FROM 06/24/14

As of 07/17/14, nothing further

has been filed in this matter.

Cont. from 042414,

052714, 062414

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail w/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

2620 n/a

Order



UCCJEA Updates:


FTB Notice File 8 – Smith


8 Dorothy Jean Smith (CONS/PE) Case No. 12CEPR00452 Page 2

Objection to First and Final Account and Report of Conservator and Petition for Distribution filed 04/22/14

by Mike (Butch) Smith, Jr. states:

1. The Petition for Distribution requests to distribute the remaining assets of the conservatorship estate

to the conservatee’s trust – to Michael Smith, as trustee of that Trust.

2. Petitioner reports that the conservatorship estate is holding cash assets in the amount of

$62,645.29 and other non-cash assets.

3. Objecting party alleges that the Jean Smith conservatorship estate owes Ben Smith

(conservatee’s husband) $116,398.12 [itemization and reasoning provided].

4. Objector further alleges that the conservatee owes $6,203.99 to the State of California for the

2011 tax year and states this should be cleared before distribution of the conservatorship estate.


9 Marion Helen Schroeter (Estate) Case No. 13CEPR00192 Atty Fogderude, Eric K. (for Petitioner/Executor Stephen John Schroeter)

(1) First and Final Account and Report of Executor and (2) Petition for Its

Settlement, for Allowance of Statutory Fees and Commissions and for (3) Final

Distribution Under Will

DOD: 10/24/12 STEPHEN JOHN SCHROETER, Executor, is

petitioner.

Account period: 10/24/12 – 3/31/14


Beginning POH - $247,494.38

Ending POH - $230,188.76

Attorney - $7,585.15

(statutory of $8,160.15 less remainder of

costs advanced)

Executor - $8,160.15

(statutory)

Closing - $2,500.00

Distribution, pursuant to Decedent’s

Will, is to:

Stephen John Schroeter - $68,981.15

David Alan Schroeter - $68,981.15

Alisa Schroeter Davis - $34,490.58

Kristina Schroeter - $34,490.58


Cont. from

Aff.Sub.Wit.

✓ Verified

✓ Inventory

✓ PTC

✓ Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail W/O

Aff.Pub.

✓ Sp.Ntc. W/

Pers.Serv.

Conf.

Screen

✓ Letters 4/11/13

Duties/Supp

Objections

Video

Receipt

CI Report

✓ 9202

✓ Order



UCCJEA Updates:

Citation Recommendation: SUBMITTED

✓ FTB Notice File 9 - Schroeter

9


10 Bernard M. Meyer (Estate) Case No. 13CEPR00721

Atty Tomassian, Gerald M., of Tomassian, Pimentel & Shapazian (for Petitioner Jeff Meyer)

(1) First Amended Petition for Final Distribution on Waiver of Accounting and

(2) Allowing Statutory Fees and Commissions

DOD: 6/24/2013 JEFF MEYER, son and Administrator, is Petitioner.

Accounting is waived.

I & A — $841,119.52

POH — $812,781.76

($499,820.29 is cash)

Administrator — $19,899.94

(statutory)

Attorney — $19,899.94

(statutory)

Closing — $4,000.00

(for expenses including accountant’s fees for

preparation of final fiduciary estate income tax

returns; other closing expenses;)

Distribution pursuant to intestate succession

and Assignment of Interest in Estate filed

10/11/2013 and to Assignment of Interest in

Estate filed on 5/5/2014 is to:

JEFF MEYER – $228,010.21 cash, ½ interest

in two pick-up trucks, and an undivided

½ interest in real property;

[?] ERYN BRASE as Trustee of the CHERYLE

MOON IRREVOCABLE TRUST AGREEMENT

dated 9/13/2013 [?]

OR in the alternative

[?] JEFFREY MEYER as Trustee of the

CHERYLE MOON SPECIAL NEEDS TRUST

[not yet established] [?] – $228,010.21

cash, ½ interest in two pick-up trucks,

and an undivided ½ interest in real

property.


Page 14 is the related matter

of the Petition to Establish

Special Needs Trust for Cheryle

Moon (14CEPR00410.)

Continued from 6/25/2014. The

following issues remain:

1. Attachment to Notice of

Hearing filed 5/29/2014

indicates JEFFREY MEYER,

Trustee of the CHERYLE

MOON SPECIAL NEEDS

TRUST has been served with

notice on 5/28/2014.

Further, Exhibit B, Waiver of

Accounting and consent

to Distribution, is signed by

Jeffrey Meyer as Trustee of

the CHERYLE MOON

SPECIAL NEEDS TRUST, and

the estate is proposed to

be distributed in part to

said trust. It appears Jeffrey

Meyer has not yet been

appointed by this Court as

Trustee of the proposed

special needs trust (noted

on Page 14 of this

calendar), thereby

necessitating continuance

of this matter until a date

subsequent to the

establishment of the

CHERYLE MOON SPECIAL

NEEDS TRUST and

appointment of Jeffrey

Meyer as Trustee thereof.

~Please see additional page~

Cont. from 062514

Aff.Sub.Wit.

✓ Verified

✓ Inventory

✓ PTC

✓ Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail W/

O

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters 100813

Duties/S

Objections

Video

Receipt

CI Report

✓ 9202

✓ Order



UCCJEA Updates:


✓ FTB Notice File 10 - Meyer


Additional Page 10, Bernard M. Meyer (Estate) Case No. 13CEPR00721

NEEDS/PROBLEMS/COMMENTS, continued:

2. Assignment of Interest in Estate filed 10/11/2013 is dated and signed on 9/13/2013, and states that

Cheryle Moon grants, conveys and assigns any and all right, title and interest she has in the ESTATE OF

BERNARD M. MEYER to ERYN BRASE, as Trustee under the CHERYLE MOON IRREVOCABLE TRUST

AGREEMENT dated 9/13/2013. Assignment of Interest in Estate filed 5/5/2014 is dated and signed on

5/5/2014 and states that ERYN BRASE, Attorney in Fact for Cheryle Moon, assigns all interest of Cheryle

Moon in the assets of the estate [of Bernard M. Meyer] to the CHERYLE MOON SPECIAL NEEDS TRUST. In

light of the Assignment filed 10/11/2013, it appears that Cheryle Moon no longer has any interest in

the assets of the Estate of Bernard M. Meyer that may be assigned to the CHERYLE MOON SPECIAL

NEEDS TRUST, since they were previously assigned on 9/13/2013 to ERYN BRASE as the Trustee of the

CHERYLE MOON IRREVOCABLE TRUST AGREEMENT dated 9/13/2013.


11 Beverly Dois Cook (CONS/PE) Case No. 13CEPR00966 Atty Feigel, Sheldon W. (for Conservator Shelia Stearns) Status Hearing Re: (1) Filing of Bond; (2) Receipt for Funds into Blocked Account

SHELIA STEARNS was appointed

Conservator of the Person and Estate with

bond of $50,000.00 and $425,000.00 to be

placed into blocked accounts pursuant to

Evidentiary/Settlement Conference Minute

Order dated 2-25-14. The Order was

signed on 3-5-14.

Letters have not issued.

On 3-5-14, the Court set this status hearing

and mailed Notice of Status Hearing to

Attorney Feigel.

This is the fourth (4th) status hearing on the

matter. At the last hearing on 6-8-14, there

were no appearances and Mr. Feigel was

ordered to be personally present 7-21-14.


Continued from 4-18-14, 5-16-14,

6-9-14

Minute Order 5-16-14: The Court is

advised that the bond has been

approved and should be issued

within the next 24 hours. The Court

is further advised that the money is

still in the same account.

Continued to 6-9-14.

Minute Order 6-9-14:

No appearances. Order to

personally appear issued for Mr.

Feigel. Court needs bond and

receipts from blocked accounts.

Continued to 7-21-14.

Note: As of 7-16-14, nothing further

has been filed.

1. Need bond of $50,000.00 and

receipts re blocked accounts

(MC-356) or verified written

status report pursuant to local

rules.

Note: If, per the statement in the

last minute order, the money is in

one account, it appears it would

be over the FDIC limit. Please see

applicable law regarding

accounts. Need bond and

receipts reflecting the blocked

accounts and the amounts therein.

Cont. from 041814,

051614, 060914

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 11 – Cook

11


12 Denise Renee Richardson (Estate) Case No. 14CEPR00097

Atty Horton, Lisa, of Walters & Moshrefi (for Petitioner Renee Shoemaker, Administrator)

(1) Report of Waiver of Accounting and Petition for Its Settlement, (2) for

Allowance of Compensation to Attorneys for Ordinary Services and Costs

Advanced, (3) and for Final Distribution

DOD: 12/31/2013 RENEE SHOEMAKER, daughter and Administrator,

is Petitioner.

Accounting is waived.

I & A — $243,200.00

POH — $ 29,683.56

($19,683.56 is cash)

Administrator — waives

Attorney — $5,500.00

(less than statutory)

Costs — $1,168.20

(filing fees, probate referee, certified copies)

Distribution pursuant to intestate succession is to:

RENEE SHOEMAKER – $6,507.68 cash, and an

undivided ½ interest in household furnishings

and furniture.

HERBERT TASKER RICHARDSON IV – $6,507.68

cash, and an undivided ½ interest in

household furnishings and furniture.


Cont. from

Aff.Sub.Wit.

✓ Verified

✓ Inventory

✓ PTC

✓ Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters 031814

Duties/Supp

Objections

Video

Receipt

CI Report

✓ 9202

✓ Order



UCCJEA Updates:


SUBMITTED

✓ FTB Notice File 12 – Richardson

12


13 Melinda Cordell (Durable Power Attorney) Case No. 14CEPR00159 Atty Rindlisbacher, Curtis D. (for Petitioner Melinda Cordell) Atty Gaebe, C. Matthew (of Visalia, for Objector Phillip Rolfe – Attorney-in-Fact for Petitioner) Atty Soares, Joseph F. (for Joseph Lewis Horswill – Respondent) Petition for Order Compelling Petitioner's Release From Locked Facility

13


Minute Order 7-15-14 (Settlement Conference): Matter not settled.

Per Judge Oliver (verbally), the matters scheduled for 7-16-14 were taken

off calendar.

Also per Judge Oliver (verbally), this Petition for Order Compelling

Petitioner’s Release from Locked Facility will be heard at a future date,

however, this hearing date of 7-21-14 will remain on calendar as a Status

Hearing.

Note: On 7-16-14, the Court signed Order Regarding Mental Examination

ex parte, which was prepared by Attorney Curtis Rindlisbacher and

approved as to form and content by Attorney Hornburg.

For reference, the following petitions remain outstanding with no future

dates set:

Petition to Determine Whether Advanced Health Care Directive has

Terminated; Petition to Determine Whether Durable Power of Attorney has Terminated (filed 2-25-14 by Melinda Cordell)

Ex Parte Petition Regarding Mental Examination (filed 6-3-14 by Melinda

Cordell).

Petition for Order Compelling Petitioner’s Release from Locked Facility (filed 6-27-14 by Melinda Cordell)

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 13 – Cordell


14 In Re: Cheryle Moon (Special Needs Trust) Case No. 14CEPR00410 Atty Matlak, Steven M. (for Petitioner Eryn Brase)

Petition for Order Establishing Special Needs Trust Under Durable Power of

Attorney; for Authority to Invest in Mutual Funds and U.S. Government Bonds with

Maturity Dates Later Than 5 Years; and for Attorney Fees

Age: 58 years ERYN BRASE, as agent of CHERYLE

MOON, under that certain Durable

Power of Attorney dated 9/13/13, is

Petitioner.

Petitioner states she is seeking an

order to establish a Special Needs

Trust (“SNT”) with Cheryle Moon as the

proposed beneficiary. The SNT will be

funded with the proceeds of

distribution of the Estate of Bernard M.

Meyer, Cheryle’s father.

Petitioner states Cheryle has lost

capacity and has been diagnosed

with dementia, altered mental status,

Korsakoff psychosis, hypertention and

chronic obstructive pulmonary disease

as set forth in the report of Olasunkami

S. Fagbule, M.D. dated 1/27/14.

Cheryle established an irrevocable

trust on 9/13/13 for her benefit and

assigned her interest in her father’s

estate to her trust. At the time, it was

not clear the Cheryle would require a

special needs trust. Following her

rapid deterioration over the past few

months, this need is now established.

Petitioner request that Cheryle’s

interest in her father’s estate be

instead directed to the SNT.

The Court has jurisdiction and authority

to create the SNT under 42 United

States Code §1396(d)(4)(A). The

proposed SNT is required to and does

comply with California Rules of Court,

Rule 7.903(c).

Please see additional page


Note: If the petition is granted, status

hearings will be set as follows:

Wednesday, August 20, 2014 at

9:00 a.m. in Department 303, for

the filing of the bond.

Wednesday, September 16, 2015

at 9:00 a.m. in Department 303,

for the filing of the first account.




hearing will come off calendar and

no appearance will be required.

Cont. from 062514

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

✓ Order



UCCJEA Updates:


FTB Notice File 14 - Moon

14


14 In Re: Cheryle Moon (Special Needs Trust) Case No. 14CEPR00410

Petitioner requests permission to invest in mutual funds and U.S. Government Bonds with maturity dates

later than 5 years. California Rules of Court 7.903(c)(4), provides that for good cause the court can

grant such a request. The ability to invest in mutual funds will permit the SNT to hold individual securities

across several asset classes, while at the same time providing the flexibility to cost-effectively change its

investment position in response to the shift in the market.

Petitioner proposes that JEFFREY MEYER be named the initial Trustee of the SNT. Jeff is Cheryle’s brother.

The estimated value of Cheryl’s interest in her father’s estate is $390,000.00. It is estimated that this will

earn an estimated 3% return or $11,700.00. Therefore, Petitioner requests that bond be fixed at

$441,870.00.

Because the SNT is being established under Probate Code §4541 and is not a §3600 – 36013 litigation SNT,

there is not legal requirement to satisfy a Medi-Cal lien prior to trust funding.

Petitioner requests that the court approve a flat legal fee in the amount of $4,500.00 to Dowling, Aaron,

Inc. in connection with their legal representation in this matter. Dowling, in the past, prepared

standardized SNT forms and standardized petitions to establish SNTs which reduce the number of

attorney and paralegal hours that might otherwise be spend in providing services. In addition Dowling,

Aaron, Inc. incurred out of pocket costs of $200.00 for the filing fee in this matter.

Wherefore, Petitioner prays for an Order:

1. That the Court establish the Cheryle Moon Special Needs Trust, the Petitioner is directed to execute it,

and the Court has continuing jurisdiction over the SNT;

2. That Jeffrey Meyer shall serve as the initial trustee with bond fixed at $441,870.00;

3. That the payment of monies due Cheryle from her father’s estate be paid to the Trustee of the SNT;

4. That the assets of the trust estate are unavailable to the beneficiary and shall not constitute a

resource to Cheryle for Cheryle’s financial eligibility for Medi-Cal, SSI, regional assistance, or any other

program of public benefits;

5. That the Trustee provide the Court with a biennial account and report of the SNT, beginning with the

period 1 year after the date the Court approves the establishment of the SNT and every two years

thereafter;

6. That the Trustee be authorized to invest in mutual funds and U.S. government bonds with maturity

dates later than 5 years;

7. That the Court approve and direct the payment of $4,500.00 for attorney fees and out of pocket

costs of $200.00.


15 Espinola Family Trust of 1990 Case No. 14CEPR00430

Atty Kaufman, Jeffrey; Brawley, Mason, of Berliner Cohen of Merced (for Petitioners Eugene Espinola,

Marvin Espinola, and Margaret Corvello, Beneficiaries)

Atty Esraelian, Robyn, of Richardson, Jones & Esraelian (for James Espinola and Irene Espinola

St. Martin, Trustees)

Petition for Order Instructing Trustees to Provide Supporting Documentation;

Compelling Trustees to Account; Instructing Trustees to Distribute Trust Assets

Oliver DOD: 9/1/2006 EUGENE ESPINOLA, MARVIN ESPINOLA and MARGARET

CORVELLO, children and Beneficiaries, are Petitioners.

Petitioners state:

Petitioners are beneficiaries of 3 irrevocable Sub-Trusts

created under the ESPINOLA FAMILY TRUST of 1990,

namely: SURVIVOR’S TRUST; RESIDUAL TRUST; and

MARITAL TRUST (copy of trust attached as Exhibit A);

Petitioners’ siblings, JAMES DOUGLAS ESPINOLA and

IRENE ESPINOLA ST. MARTIN, are the current Trustees of

the Sub-Trusts and are the other two beneficiaries of

the Sub-Trusts;

During their administration of the Sub-Trusts, James and

Irene have provided deficient accounts and have

failed to fully and adequately disclose the Trustees’

acts and transactions;

Throughout their administration, the Trustees have

failed to promptly respond to Petitioners’ questions and

requests for information, resulting in increased legal

fees and prolonged administration;

Over 2 years have elapsed and the Trustees have

made no distributions from the Sub-Trusts, despite the

fact that the Sub-Trusts hold ~8 million is assets;

Trustees have liquidated most of the Sub-Trust assets

except for commercial real property located in Fresno,

and Trustees have indicated they will not make

distributions from the Sub-Trusts until the Petitioners

accept the accounts and reports they have provided;

However, Petitioners cannot accept the Trustees’

accounts and reports because the accounts and

reports are deficient, and the Trustees have failed to

respond to Petitioners’ questions and requests for

information;

Petitioners seek Court orders instructing Trustees to

provide the previously requested information,

compelling Trustees to submit Sub-Trust accountings for

2011, 2012 and 2013 to the Court for approval, and

instructing Trustees to distribute the Sub-Trust assets

according to trust terms;


NEEDS/PROBLEMS/

COMMENTS:

Continued from

7/7/2014 at the

request of

counsel.

1. Proof of

Service by Mail

of the Notice

of Hearing filed

5/29/2014

shows both of

the Trustees

were mailed

notice in care

of Attorney

Robyn

Esraelian.

Notice sent by

mail must be

mailed

individually

and directly to

the person

entitled to

notice

pursuant to CA

Rule of Court

7.51(a)(1) and

(2). Court may

require direct

notice to the

Trustees.

Virginia DOD: 4/29/2012

Cont. from 070714

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail W

/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

✓ Order


Status Rpt Reviewed on:

7/17/14

UCCJEA Updates:


FTB Notice File 15 - Espinosa


First Additional Page 15, Espinola Family Trust of 1990 Case No. 14CEPR00430

Petitioners state, continued:

On 8/18/2009, Virginia Espinola, as sole surviving Trustee following Oliver Espinola’s death on 9/1/2006,

appointed James and Irene to serve as Co-Trustees with her (copy of First Amendment to the trust

attached as Exhibit B); James and Irene have continued to serve as Trustees of the Sub-Trusts since

Virginia’s death on 4/29/2012;

The Sub-Trusts provide that upon Virginia’s death, all of the assets of the Sub-Trusts shall be distributed

outright and free of trust among the Settlor’s 5 children (EUGENE ESPINOLA, MARVIN ESPINOLA,

MARGARET CORVELLO, JAMES DOUGLAS ESPINOLA and IRENE ESPINOLA ST. MARTIN).

Status of Trust Administration: Despite the fact that the total value of Sub-Trusts assets is ~$8 million

(based on asset schedule provided by Trustees on 1/8/2014 showing ~$4 million in SURVIVOR’S TRUST;

~$2 million in RESIDUAL TRUST; and ~$2 million in MARITAL TRUST), the Trustees have not made any

distributions to the beneficiaries in the 2 years since Virginia’s death;

The most significant asset held by each of the Sub-Trusts is an undivided interest in a commercial

rental property located on Fir Avenue in Fresno; the Sub-Trusts collectively own the entire property

has an estimated fair market value of ~$4.4 million according to schedule of assets provided by

Trustees;

Petitioners believe the Trustees have rented some of the commercial property but that a portion of

the property has been vacant since it was purchased in 2007; according to the fiduciary income tax

returns provided by the Trustees, the commercial property generates very little income; 2012 tax

returns attributed taxable income to the commercial property of $24,575.00; based on the Trustees

estimated value of $4.4 million, this represents an annualized return on investment before taxes of

~0.5% (1/2 of 2 percent);

Despite that the commercial property continues to deplete the Sub-Trusts, the Trustees have

indicated that they would like to keep the commercial property in the Sub-Trust until it is sold;

however, Petitioners believe the Trustees have taken little action to lease or sell the property;

although they have hired a broker, the Trustee’s attorney indicates the Trustees have only had 3

parties interested in purchasing the commercial property since 2007;

The Trustees intend to keep the commercial property in the Sub-Trusts until it is sold, yet they have not

make any reasonable efforts to sell it, leading Petitioners to the reasonable conclusion that the

Trustees are keeping the commercial property in the Sub-Trusts so that they can remain in control of

the property and profit from the ongoing administrations of the Sub-Trusts;

Petitioners request an order from this Court instructing the Trustees to immediately distribute the

commercial property from the Sub-Trusts to the beneficiaries in equal shares.

Requests for Trust Accountings for 2011 through 2012: On 6/20/2012, Petitioners’ former attorney (Alan

Niebel) sent a letter to Trustee’s attorney, Ms. Esraelian, requesting an accounting of the Sub-Trusts

from 2011 through Virginia’s date of death on 4/29/2012 (see Exhibit B attached to Declaration of

Mason L. Brawley filed 5/12/2014); on 5/29/2013, Petitioners’ attorney (Judy Jensen) reiterated the

request for accountings from 2011 through Virginia’s date of death on 4/29/2012 and requested

accountings for 2012 and 2013 (see Exhibit C attached to Declaration of Mason L. Brawley filed

5/12/2014); on 8/26/2013, Petitioner’s attorney (Mason Brawley) sent another letter to Ms. Esraelian

requesting accountings of the Sub-Trusts for 2011, 2012 and the period following Virginia’s date of

death on 4/29/2012 (see Exhibit D attached to Declaration of Mason L. Brawley filed 5/12/2014).



Second Additional Page 15, Espinola Family Trust of 1990 Case No. 14CEPR00430

Petitioners state, continued:

Accountings for 2011 through 2012 are Deficient: The Trustees finally provided the beneficiaries with

partial accounts for the Sub-Trust in November 2013, after two additional emails to Ms. Esraelian in

October 2013 (copies of accounts attached as Exhibits C, D, E, F and G); Petitioners object to these

accountings due to several deficiencies [described in significant detail at lines 12 to 28 on page 5,

lines 1 to 22 on page 6 of petition; briefly, deficiencies include such things as:

o failing to identify the check numbers and payees of disbursements, which may have been

made to themselves or relatives;

o failing to itemize the individual securities held in investment accounts valued at $1,299,990 and

$216,733; without that information Petitioners cannot ascertain whether the investments are

reasonable and prudent, or whether interest income was adequate;

o disbursements show penalties on payment to Franchise Tax board which is unexplained as to

why trust did not timely pay tax liability;

o Payments of $22,752 for tax preparation services have not been confirmed as made to Irene

(Trustee), who is a CPA and prepares the accountings and tax returns for the Sub-Trusts; these

expenses may be excessive given that the Trustees did not provide the accountings until

November 2013.

Until such time as a full and complete account for each year is received, Petitioners are unable to

assert additional objections with specificity.

Petitioner’s requests for further information from the Trustee: Upon receipt by Petitioners and their

review, on 1/23/2014 Petitioners requested explanations and supporting documentation for several

transactions, and supplemented their request in an email to Ms. Esraelian on 2/25/2014 (see Exhibit D

attached to Declaration of Mason L. Brawley filed 5/12/2014);

Trustees still have not provided the requested information or filed the accountings with the Court,

despite that an additional two months have lapsed since Ms. Esraelian’s reply on 3/11/2014 stating

that the Trustees were preparing the accountings for court approval;

Petitioners requests for information are reasonable and the Trustees are required to provide the

requested information in accordance with Probate Code § 16061.

Trustees have breached their duties to the Beneficiaries: [List of duties breached include]:

o Duty to Administer the Trust according to its Terms

o Duty to Deal Impartially with Beneficiaries

o Duty to Make Trust Assets Productive

o Duties to Account and Furnish Information

Until such time as a full and complete account for each year is received, Petitioners are unable to

assert additional breaches of trust with specificity.

Trustees’ failure to property account for the Sub-Trusts, refusal to comply with Petitioners’ reasonable

requests for information and breaches of fiduciary duties has cause unnecessary delay in the

administration of the Sub-Trusts; the legal expenses uncured are driven entirely by Trustees’ failures to

perform their duties as required;

Any expense uncured by the Trustees’ in complying with this Petition should be borne personally by

the Trustees and should not be an expense of the Trust.



Third Additional Page 15, Espinola Family Trust of 1990 Case No. 14CEPR00430

Petitioners pray for the following Court orders:

1. Instructing Trustees to prepare a complete and thorough accounting of each of the Sub-Trusts in

accordance with Probate Code § 1061 through 1063, and 16060 through 16063 for the period of

1/1/2011 through 12/31/2013, and to submit such accountings to the Court for approval no later

than 30 days after the date of the order;

2. Instructing the Trustees to provide responses to questions and requests for supporting

documentation emailed to Ms. Esraelian on 1/23/2014 and 2/25/2014;

3. Instructing the Trustees to distribute the assets held by the Sub-Trusts to the beneficiaries; and

4. That the legal fees and costs incurred by the Trustees in complying with the foregoing orders be

borne by the Trustees personally.

Response of Irene E. St. Martin and James D. Espinola, Co-Trustees of the Espinola Family Trust of 1990, to

the Petition for Order 1) Instructing Trustees to Provide Supporting Documentation; 2) Compelling Trustees

to Account; and Instructing Trustees to Distribute Trust Assets was filed by Melvin Rube on behalf of Irene

E. St. Martin and James D. Espinola, Co-Trustees, on 7/18/2014 [review in progress.]


16 Johnny Alan Bigham (Estate) Case No. 14CEPR00503 Atty Neilson, Bruce A. (for John Bigham – Petitioner – Son)

Petition for Letters of Administration; Authorization to Administer Under IAEA (Prob.

C. 8002, 10450)

DOD: 05/09/2014 JOHN BIGHAM, son is petitioner and

requests appointment as Administrator

without bond.

All heirs waive bond

Full IAEA – o.k.

Decedent died intestate

Residence: Fresno

Publication: The Business Journal

Estimated value of the Estate:

Personal property - $13,500.00

Real property – $800,000.00

Total - $813,500.00

Probate Referee: Rick Smith


Note: If the petition is granted status

hearings will be set as follows:

• Monday, 12/22/2014 at

9:00a.m. in Dept. 303 for the filing

of the inventory and appraisal

and

•Monday, 09/21/2015 at

9:00a.m. in Dept. 303 for the filing

of the first account and final

distribution.

Pursuant to Local Rule 7.5 if the required

documents are filed 10 days prior to the

hearings on the matter the status hearing

will come off calendar and no

appearance will be required.

Cont. from

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail w/

✓ Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

✓ Letters

✓ Duties/Supp

Objections

Video

Receipt

CI Report

9202

✓ Order



UCCJEA Updates:

Citation Recommendation: Submitted

FTB Notice File 16 – Bigham

16


17 Carl Timothy Loveless (CONS/PE) Case No. 0261225 Atty Kruthers, Heather H (for Conservator Public Guardian) Status Hearing Re: Filing of the Fifteenth Account

PUBLIC GUARDIAN is successor

Conservator.

The Fourteenth Account was approved

on 7/18/12.

Minute Order dated 7/18/12 set this

status hearing for the filing of the

Fifteenth Account.


OFF CALENDAR. 15th Account

filed and set for hearing on 8/19/14

Cont. from 061314

Aff.Sub.Wit.

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Inventory

PTC

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Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

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Letters

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Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 17 - Loveless

17


18 Joe Hernandez (Estate) Case No. 05CEPR00293 Atty Neilson, Bruce A. (for Erica Hernandez – Administrator) Probate Status Hearing Re: Failure to File the Inventory and Appraisal and or

Failure to File a First Account or Petition for Final Distribution

DOD: 9-15-04 ERICA HERNANDEZ, daughter, was

appointed as Administrator with Full

IAEA without bond and Letters issued on

5-20-05.

The original petition alleged personal

property valued at $2,000.00 and real

property valued at $270,000.00,

encumbered for $45,000.00.

However, no Inventory and Appraisal

was ever filed pursuant to Probate

Code §8800.

No accounting or petition for final

distribution was ever filed pursuant to

Probate Code §12200.

The Court set this status hearing for

failure to file Inventory and Appraisal

and failure to file accounting or petition

for final distribution. Both attorney and

personal representative are ordered to

appear.

Notice of Status Hearing was mailed to

Attorney Bruce A. Neilson and

Administrator Erica Hernandez on

11-21-13.


Continued from 2-14-14, 5-30-14

As of 7-16-14, nothing further has

been filed.

1. Need Inventory and Appraisal

pursuant to Probate Code §8800

and accounting and petition for

final distribution pursuant to

Probate Code §12200, or verified

written status report pursuant to

local rules.

Note: The decedent’s intestate heirs

are his three children: Erica

Hernandez, Cristobal Hernandez, and

Andrea Hernandez.

Cont. from 021414,

053014

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 18 – Hernandez

18


19 Lycester Wills, Jr. (Estate) Case No. 07CEPR00386 Atty Neilson, Bruce A. (for Administrators Lycester Wills III and Thelma French)

Probate Status Hearing Re: Failure to File an Inventory and Appraisal and for

Failure to File a First Account or Petition for Final Distribution

DOD: 5/30/07 LYCESTER WILLS, III and THELMA FRENCH

were appointed Co-Administrators with

full IAEA authority and without bond on

5/22/2007.

Letters issued 5/22/2007.

I & A was due 9/22/2007.

First account or petition for final

distribution was due 5/22/2008.


attorney Bruce A. Neilson on 2/5/2014.


Continued from 6/6/14.

1. Need inventory and appraisal

and first account or petition for

final distribution or current written

status report pursuant to Local

Rule 7.5 which states in all matters

set for status hearing verified

status reports must be filed no

later than 10 days before the

hearing. Status Reports must

comply with the applicable code

requirements. Notice of the status

hearing, together with a copy of

the Status Report shall be served

on all necessary parties.

Cont. from 041814,

060614

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 19 – Wills

19


20 Michelle Lloydel Dale (CONS/PE) Case No. 07CEPR01207 Atty Panzak, Gordon (for Conservator Jeff Dale) Status Hearing Regarding the Sale of Real Property of the Conservatorship Estate and Failure to File the Second Account

JEFF DALE, Husband and Successor Conservator of the Estate, filed an Ex Parte Petition for Permission to Sell Real Estate on 6-23-14.

On 6-24-14, the Court denied the petition and set this status hearing regarding the sale of the real property and failure to file a second account.

History: Attorney GORDON PANZAK originally petitioned for appointment as Conservator of Michelle Lloydel Dale’s Estate due to a dissolution action filed by JEFF DALE, her husband, and was appointed on 1-25-08. Pursuant to an amended order on 5-7-08, no bond was required, but funds were to be blocked. Mr. Panzak later filed a petition for appointment as Conservator of her Person, and was appointed on 8-5-08, with medical consent and dementia medication and placement powers.

On 1-30-09, Mr. Panzak filed his first account and resignation, and Mr. Dale filed a petition for appointment as Successor Conservator of the Estate, with Mr. Panzak remaining as Conservator of the Person. Mr. Dale was appointed as Successor Conservator of the Estate with bond of $340,000.00 on 3-18-09.

Mr. Panzak’s First Account covered the period of 1-25-08 through 1-15-09, and was settled 3-18-09.

On 4-27-10, Mr. Dale filed a Petition for Instructions was filed with regard to an inheritance that was expected, and on 4-28-10, Mr. Dale filed his first account as Successor Conservator of the Estate. Mr. Dale’s accounting covered the period of 1-20-09 through 1-20-10.

Per the minute order of 8-17-10, the Court accepted the accounting, but did not approve of Mr. Dale’s actions and surcharged him $220.00, payable to the conservatorship estate.

Aside from a petition for compensation by Attorney Bagdasarian, court-appointed attorney for Conservatee (appointment terminated as of 9-30-10 per Minute Order), there was no activity in this matter for almost four years until Mr. Dale filed his ex parte motion on 6-23-14.

Therefore, the Court denied the ex parte motion and set this status hearing regarding the real property and failure to file a second account.

NEEDS/PROBLEMS/COMMENTS: Note: Historically, Mr. Dale, has been self-represented in his capacity as Conservator of the Estate, and Attorney Panzak separately serves as Conservator of the Person, represented by Attorney Catherine Scharbaugh. However, the ex parte motion was filed by Attorney Panzak as attorney for Jeff Dale. The Court may require clarification and the filing of a Substitution of Attorney for Court records. Note: This is a STATUS HEARING ONLY. 1. Need Second Account or

verified written status report pursuant to Local Rule 7.5.

2. Need status of real property. Please note the requirements of Probate Code §2540 with respect to sales of real property (requirements for seeking permission, requirement of Court confirmation of sale, etc.)

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UCCJEA Updates:


FTB Notice File 20 – Dale

20


21 Anita Lucchesi (Estate) Case No. 08CEPR01101 Atty Bortolussi, Anton (of Caswell, Bell & Hillison) (for Joann Soria – Successor personal

representative) Probate Status Hearing for Failure to File a Second Account or Petition for Final

Distribution

DOD: 10/01/08 JACK LUCCHESI, son, was appointed Executor without bond on 12/16/08 and Letters Testamentary were issued on 12/17/08. On 09/23/10, Jack Lucchesi resigned as Executor. On 11/10/10, JOANN SORIA, daughter, was appointed as Administrator with Will Annexed without bond and Letters of Administration were issued to her on 11/10/10. The First and Final Account and Report of Former Personal Representative, Petition for Settlement, and for Waiver of Commission was filed 12/28/10 and the Order Settling First and Final Account and Report of Former Personal Representative, Petition for Settlement, and for Waiver of Commission, was filed 05/25/11. Notice of Status Hearing filed 08/30/13 set this matter for hearing regarding Status of the Second Account and/or Petition for Final Distribution on 11/01/13. Clerk’s Certificate of Mailing states that a copy of the Notice of Status Hearing was mailed to Edward L. Fanucchi on 08/30/13. Status Report filed on 6/11/14 states current attorney was substituted by prior attorney Edward Fanucchi due to a disagreement in the language describing a certain piece of real property in the estate. An updated appraisal was conducted to accurately reflect the property interest. The first and final report and petition for settlement is in the process of being prepared and should be filed by the end of next week. Mr. Fanucchi filed a lien against the estate for attorney’s fees and costs incurred prior to the Substitution of Attorney was executed, Administratrix disagrees with the claimed fees and has filed a separate objections discussing why she believes such fees are inappropriate.


OFF CALENDAR. Petition for

Final Distribution filed and set

for hearing on 8/18/14

Cont. from 110113,

012314, 022814,

061314

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Aff. Posting Reviewed by: JF/KT


UCCJEA Updates:


FTB Notice File 21 – Lucchesi

21


22 Gloria Darlene Lucchesi (Estate) Case No. 10CEPR00878

Atty Bortolussi, Anton (of Caswell, Bell & Hillison) (for Administrator Joann Soria)

Probate Status Hearing Re: Failure to File a First Account or Petition for Final Distribution

DOD: 4/23/10 JoANN SORIA was appointed as

Administrator, with full IAEA authority

and without bond, on 11/8/2010.

Letters issued on 11/8/2010.

Inventory and Appraisal was due March

2011.

The Department of Health Services filed

a creditor’s claim on 12/12/12 in the

amount of $74,720.18.

First Account or Petition for Final

Distribution was due December 2011.


attorney Edward Fanucchi and to

Administrator JoAnn Soria on

11/18/2013.

Inventory and Appraisal filed on 3/11/14

showing the estate4 valued at

$100,000.00.

Status Report filed on 6/11/14 states

current attorney was substituted by prior

attorney Edward Fanucchi due to a

disagreement in the language

describing a certain piece of real

property in the estate. An updated

appraisal was conducted to accurately

reflect the property interest. The first

and final report and petition for

settlement is in the process of being

prepared and should be filed by the

end of next week.


OFF CALENDAR. Petition for Final

Distribution filed and set for hearing

on 8/18/14

Cont. from 011714,

022814, 042514,

061314

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UCCJEA Updates:


FTB Notice File 22 – Lucchesi

22


23 Loretta M. Drummond (Estate) Case No. 11CEPR00689

Atty Neilson, Bruce A., and Ivy, Scott J. (of Lang Richert & Patch, for Janette Courtney, Executor)

Status Hearing Re: Filing of the Inventory and Appraisal; Filing of First Account

and/or Petition for Final Distribution

DOD: 6-9-11 JANETTE COURTNEY, was appointed Executor with Full IAEA without bond and Letters issued on 9-15-11. Inventory and Appraisal Partial No. 1 filed 2-13-13 included commercial real property valued at $250,000.00, which was sold pursuant to Order Confirming Sale of Real Property. At hearing on 2-25-13, the Court set status hearing for 4-8-13 for the filing of the Final Inventory and Appraisal, filing of the first account, and/or petition for final distribution. The status hearing for filing of the final Inventory and Appraisal has been continued to 6-28-13 and now 7-26-13. Status Report filed 7-19-13 states: Petitioner has performed all required duties as

personal representative All known debts have been paid except for

mortgage on real property which has a market value below the mortgage amount

All administration costs to date except for compensation to the personal representative and attorney have been paid

The estate is solvent A creditor’s claim filed by Steven Drummond has

been rejected There is currently no pending litigation involving

the estate; however, there is a potential claim against beneficiaries for recovery of a vehicle and reimbursement for sales tax paid

The status of a business being operated by a beneficiary, and the estate’s current interest therein, has yet to be determined/negotiated.

It is estimated that an additional three (3) months will be needed to complete administration of the estate, unless litigation is needed to recover the vehicle.

Petitioner requests authority to continue administration until 10-1-13.

Status Report filed 10/03/13 states: Since the prior status hearing the executor has been able to locate the Chevrolet Suburban, however it is damaged and towing and storage may be equal or more than the value. A compromise with the storage facility is being negotiated. Additionally, no paperwork has been located regarding the horse that a beneficiary claims belonged to the decedent and for which he is making a claim for care and feeding. The estate has rejected the claim. As to the real property in Mariposa, CA, it was thought that the bank was foreclosing on the property, but they have not. Time is requested to appraise and inventory this property and the Suburban as well as resolve the disposition of the horse.

NEEDS/PROBLEMS/COMMENTS: Minute Order 4-8-13: Mr. Keeler and Mr. Ivy are appearing via conference call. Mr. Ivy is directed to file a fully executed agreement with the court. Matter is set for Status Hearing on 5/24/13 regarding the settlement agreement and the dismissal. If the agreement and dismissal are filed by 5/24/13, no appearance will be necessary. The status hearing regarding the inventory and appraisal is continued to 6/28/13 for appearance by Mr. Neilson only. Set on 5/24/13 @ 9:00 a.m. Dept. 303 for: Status Hearing Re: Settlement Agreement and Dismissal Note: Full and Complete Settlement Agreement and Mutual Release of All Claims filed 4-11-13, and dismissal of petition filed by Dennis L. Thomas on 12-19-11 was entered on 5-1-13. Note: This is the 9th status hearing on this matter. As of 7-16-14, nothing further has been filed. 1. Need Final I&A.

2. Need First Account or

Petition for Final Distribution pursuant to Probate Code §12200.

Cont. from 040813,

062813, 072613,

100413, 011714,

032114, 042514,

060614

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UCCJEA Updates:


FTB Notice File 23 - Drummond


24A Selena Nichole Bolech (GUARD/P) Case No. 08CEPR00851 Atty Clark, Daniel (Pro Per – Petitioner – Father)

Atty Bolech, Sherrie Marie (Pro Per – Petitioner – Mother) Petition for Visitation

Selena Age: 3 DANIEL CLARK, father, and SHERRIE BOLECH, mother, are petitioners. REGINA CLARK, paternal step-grandmother, was appointed guardian on 01/27/2014. Personally served on 07/01/2014. Paternal grandfather: DANIEL W. CLARK Paternal grandmother: SHIRLEY STAIRS Maternal grandfather: BILLY ARBAUGH Maternal grandmother: SHERRIE ARBAUGH Petitioners state: the child has been under a guardianship since December 2013. The guardian has not allowed the mother or father to visit with the minor per their agreement from mediation on 01/27/2014. Petitioners state that the guardian has not been cooperative in reunification. Mother has been clean and sober since January and participates in an outpatient program. The father has actively maintained his recovery by attending NA meetings. Mother is working for IHSS and is generating an income, she resides with her mother. She states that it is detrimental to the child not spending time with her parents and siblings.


Petition pertains to minor, Selena Bolech

only.

Page 24B is the Petition for Termination

filed by Daniel Clark and Sherrie M.

Bolech.

Minute Order of 07/07/2014: Parties to

work together to arrange visitation

between the child and her siblings.

1. Need proof of service fifteen (15)

days prior to the hearing of the

Notice of Hearing along with a copy

of the Petition for Visitation on:

Regina Clark (Guardian)

Note: Personally served on 07/01/2014

only 6 days prior to the Court hearing

and not the required 15 days prior to the

hearing.

Daniel W. Clark (Paternal

Grandfather)

Shirley Stairs (Paternal

Grandmother)

Billy Arbaugh (Maternal

Grandmother)

Sherrie Arbaugh (Maternal

Grandmother)

2. Petition was not verified by Daniel

Clark.

Cont. from 070714

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Order n/a



UCCJEA Updates:


FTB Notice File 24A – Bolech & Abraugh

24A


24B Anthony Abraugh, Trevar Bolech, (GUARD/P) Case No. 08CEPR00851

Jaiden Bolech, & Selena Bolech

Atty Bolech, Sherrie Marie (Pro Per – Petitioner – Mother)

Atty Clark, Daniel (Pro Per – Petitioner – Father) Petition for Termination of Guardianship

Anthony Age 7 DANIEL CLARK, father of Selena, and SHERRIE BOLECH, mother, are petitioners. REGINA CLARK, paternal step-grandmother, was appointed guardian of Selena Bolech on 01/27/2014. Personally served on 07/01/2014. BILLY ABRAUGH, maternal grandfather, was appointed guardian of Anthony Abraugh, Trevar Bolech, and Jaiden Bolech, on 01/18/2011. Personally served on 05/18/2014. Father (of Anthony, Trevar, Jaiden): John Bolech Paternal grandfather (of Selena): DANIEL W. CLARK Paternal grandfather (of Anthony, Trevar, Jaiden): Unknown Paternal grandmother (of Selena): SHIRLEY STAIRS Paternal grandmother (of Anthony, Trevar, Jaiden): Isabell Flores Maternal grandmother: SHERRIE ABRAUGH

Petitioners state: Daniel Clark, father, has been clean

and sober and working on himself for the past six

months. He is enrolled in school and pursuing a

degree. Sherrie Bolech, mother has also been

working on herself.

Court Investigator Jennifer Young’s report filed

07/14/2014.


1. Need proof of personal

service fifteen (15) days

prior to the hearing of

the Notice of Hearing

along with a copy of the

Petition for Termination of

Guardian or consent and

waiver of notice or

declaration of due

diligence for:

John Bolech (father

of Anthony, Trevar,

Jaiden)

Daniel W. Clark

(Paternal

grandfather of

Selena)

Paternal

Grandfather (of

Anthony, Trevar,

Jaiden) Unknown

Shirley Stairs

(Paternal

grandmother of

Selena)

Isabell Flores

(Paternal

grandmother of

Anthony, Trevar,

Jaiden)

Sherrie Abraugh

(Maternal

grandmother)

Trevar Age: 6

Jaiden Age: 5

Selena Age 5

Cont. from

Aff.Sub.Wit.

✓ Verified

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UCCJEA Updates:


FTB Notice File 24B – Bolech

24B


25 Andrea K. Long (Estate) Case No. 14CEPR00314 Atty Suta, Brenda Long (Pro Per – Sister – Petitioner) Petition for Probate of Will and for Letters Testamentary; Authorization to

Administer Under IAEA (Prob. C. 8002, 10450)

DOD: 8-27-13 BRENDA LONG SUTA, Sister and

Named Alternate Executor without

bond, is Petitioner.

Petitioner is a resident of Salt Lake City,

Utah.

Named Executor Patricia Carr

declines to act.

Limited IAEA – ok

Will dated 6-12-05

Residence: Fresno

Publication: Fresno Business Journal

Estimated value of the estate:

Personal property: $163,000.00

Probate Referee: Steven Diebert


Minute Order 6-16-14: The Court will

require bond in the amount of

$163,000.00.

Note: Bond of $163,000.00 was filed on

7-8-14.

Note: If the petition is granted,

status hearings will be set as follows:

Monday, November 24, 2014 at


the filing of the inventory and

appraisal.

Monday, November 23, 2015 at


the filing of the first account or

petition for final distribution.




hearing will come off calendar and

no appearance will be required.

Cont from 051514,

061614

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UCCJEA Updates:


FTB Notice File 25 - Long

25


26 Josiah Adrian Silva (GUARD/P) Case No. 14CEPR00448 Atty Silva, Mike E. (pro per – maternal grandfather/Petitioner) Petition for Appointment of Guardian of the Person (Prob. C. 1510)

Age: 7

TEMPORARY EXPIRES 07/21/14

MIKE E. SILVA, maternal grandfather, is

Petitioner.

Father: RICK MARTINEZ – Declaration of

Due Diligence fled 07/01/14

Mother: LINDA SILVA – Declaration of

Due Diligence fled 07/01/14

Paternal grandparents: UNKNOWN

Maternal grandmother: OLGA NIELSON

Petitioner states that the mother is

homeless, on drugs, and abandoned

the minor. Petitioner states that the

minor has lived with him for the past 7

months. The mother steals from him

and sometimes refuses to leave his

home when he asks her to leave. She

has threatened to take Josiah with her.

Petitioner further states the mother is in

an abusive relationship.

Court Investigator Charlotte Bien filed a

report on 07/08/14.


1. Need Notice of Hearing.

2. Need proof of service at least 15

days before the hearing of Notice of

Hearing with a copy of the Petition

for Appointment of Temporary

Guardian of the Person or Consent &

Waiver of Notice or Declaration of

Due Diligence for:

a. Rick Martinez (father) – personal

service required; unless diligence

is found. Declaration of Due

Diligence filed 07/01/14 states

that the mother is currently in a

rehab facility and attempts to

contact her have been

unsuccessful as she will not

respond to messages

b. Linda Silva (mother) – personal

service required; unless diligence

is found. Declaration of Due

Diligence filed 07/01/14 states

that the father is homeless and

currently in a rehab facility.

c. Paternal grandparents – service

by mail sufficient

d. Olga Nielson – maternal

grandmother – service by mail

sufficient

Cont. from

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UCCJEA Updates:


FTB Notice File 26 – Silva

26


27 Alyissa Esparza and Haylee Esparza (GUARD/P) Case No. 14CEPR00451 Atty Campbell, Susan Lynell (pro per – maternal grandmother/Petitioner) Atty Cummings, Steven R. (for Fernando Esparza – father/Objector) Petition for Appointment of Guardian of the Person (Prob. C. 1510)

Alyissa, 15

TEMPORARY EXPIRES 07/21/14 SUSAN CAMPBELL, Maternal Grandmother, is Petitioner. Father: FERNANDO ESPARZA - Personally served 5-22-14 Mother: JENNIFER ESPARZA - deceased Paternal Grandfather: Joe Esparza - deceased Paternal Grandmother: Anita Esparza – served by mail on 05/27/14 Maternal grandfather: ROY DAVIDSON - deceased Petitioner states the minors have always lived with her. After their mother died, their father started threatening to take them. However, he has not had a lot of contact with them in the past. The paternal grandmother speaks no English and refuses to let them in the house if their father is not home. She is prejudiced because they are not Jehovah’s Witness. The father also has a girlfriend in the home who speaks no English. He also has a nephew that was convicted of child molesting. The nephew is constantly present when the minors have gone to visit. He also has a brother who is known to have raped his daughter who is also always around. As a result, the girls are very uncomfortable. The girls have told their father they wish to remain with their grandmother, but he states he is coming to take them and recently bragged that he would get paid their social security benefits. The father has a record of spousal abuse and child endangerment. In addition, he has threatened their lives by holding a knife to them. He stabbed himself and attacked their mother in their presence. He buys alcohol for his minor son. Separately filed are letters from each minor in support of guardianship. Court Investigator Julie Negrete filed a report on 07/15/14.

Continued on Page 2

NEEDS/PROBLEMS/

COMMENTS:

Haylee, 11

Cont. from

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UCCJEA Updates:


FTB Notice File 27 – Esparza


27 Alyissa Esparza and Haylee Esparza (GUARD/P) Case No. 14CEPR00451 Page 2

Objection to Guardianship filed 07/06/14 by Fernando Esparza (father) states: Guardianship is not

necessary because he is the children’s father and has always provided a safe and stable environment

for the children when they are in his care. He shared joint custody of the minors before their mother’s

death. He states that the children are his number one priority. He provides health insurance for the girls

and always stayed current with his child support. He states that he has a support system, residing with his

mother and fiancé. Together, they will provide the children with a loving and nurturing stable home.

The current visitation schedule gives him visitation alternating weekends from Friday at 6:00pm to Sunday

at 6:00pm and allows additional time as mutually agreed upon. Mr. Esparza states that the visitations

have been taking place including after the mother died. The current visitation schedule allowed for

visitation on the 4th of July weekend, however, the guardian refused to allow the visitation to occur. Mr.

Esparza feels that the guardian is trying to alienate him from his children. He states that he has never

made threats that he was going to come and take the children however he did tell that guardian that

he was planning to move to a new home that would allow the children to come and live with him. It is

untrue that he did not have any interest in the girls until after their mother died. He states that he has

always shown interest in the girls and has taken advantage of the time he has with them. If he was such

a danger, the mother would not have allowed him to have visitation and the Petitioner also allowed him

to continue his scheduled visitation after the temporary was established up until the 4th of July weekend.

Mr. Esparza states that he believes petitioner is brainwashing the children by telling them negative things

about him and discouraging the children from maintaining a relationship with him, which is to their

detriment because he is the only parent they have left. Mr. Esparza believes that Petitioner’s main

objective is financial gain. Immediately after filing for guardianship, Petitioner contacted DCSS to

transfer the child support case to her. Prior to her death, the mother asked him if she and the children

could move in with him full time. He was in agreement with the children moving in with him, but not the

mother. He states that the mother told him that the children would not move without her. He does not

know why the mother wanted to leave the petitioner’s home. He further states that it is not true that the

children have lived with Petitioner most of their lives. Mr. Esparza states that he does not allow his

nephew to be around the girls, nor does he allow the children’s safety to be jeopardized by allowing a

sex offender to be present at his home while the children are present. The children are not

uncomfortable around his family and he would never put them in danger. Mr. Esparza states that his

employment requires him to be randomly drug tested and he has never failed a test. In conclusion, Mr.

Esparza states that he is aware that the children have a close relationship with their grandmother,

however, he does not condone her behavior and her attempts to diminish the love and affection the

children have for him. He believes petitioner’s intentions are financial because when Jennifer (mother)

passed away, she lost income. He states that he is agreeable that the children have regular visits with

the children, but that it is in their best interests to live with him. He prays that the Court deny the petition

for guardianship.


28 Catalina Hernandez (Det Succ) Case No. 14CEPR00532 Atty Smith, Carolina P. et al (pro per Petitioners) Petition to Determine Succession to Real Property (Prob. C. 13151)

DOD: 4/24/14 CAROLINA P. SMITH, FLORINA BERNAL,

ANTONIO POMPA, ELISIA MARTINEZ,

HILARION POMPA and JUANA

GARCIA, children along with RUDY

BERNAL, grandson, are petitioners.

40 days since DOD.

No other proceedings.

Will dated: 2/24/11 – devises specific

personal property to named

individuals with the remainder to the

decedent’s children in equal shares.

I & A - $108,613.06

Petitioners request court determination

that the specific personal property be

distributed to the individuals named

with the remaining property consisting

of real and personal property pass to

the decedent’s six children in equal

shares.


1. There is no record that the

original will has been deposited

pursuant to Probate Code §8200.

Need original will deposited.

2. Need date of death of

deceased spouse. Local Rule

7.1.1D.

Cont. from

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UCCJEA Updates:


FTB Notice File 28 – Hernandez

28

1 Berniece Alizaye Torres (GUARD/P) · 1 Berniece Alizaye Torres (GUARD/P) Case No. 14CEPR00587...

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Transcript of 1 Berniece Alizaye Torres (GUARD/P) · 1 Berniece Alizaye Torres (GUARD/P) Case No. 14CEPR00587...